Youth Provisions in the Supporting Foster Youth and Families through the Pandemic Act (Division X of P.L. 116-260)

Youth Provisions in the Supporting Foster Youth and Families through the Pandemic Act (Division X of P.L. 116-260)

Youth Provisions in the Supporting Foster
April 21, 2021
Youth and Families through the Pandemic Act
Adrienne L. Fernandes-
(Division X of P.L. 116-260)
Alcantara
Specialist in Social Policy
This report focuses on the youth provisions in the Supporting Foster Youth and Families

through the Pandemic Act, enacted as Division X of the Consolidated Appropriations
Act, FY2021 (P.L. 116-260). The act includes provisions that make temporary changes

to child welfare and home visiting policies in response to the Coronavirus Disease 2019 (COVID-19) pandemic.
The youth policies are intended to assist foster youth during the pandemic, including those who are no longer in
care. Compared to their peers general y, current and former foster experience poor outcomes in education,
employment, housing stability, and other markers of adulthood. Such chal enges appear to be heightened because
of the pandemic, as reported in news publications and surveys of youth.
The Division X provisions for current and former foster youth temporarily modify some policies in two
programs—the Title IV-E Foster Care and Permanency program (hereinafter, Title IV-E Foster Care program) and
the John H. Chafee Foster Care Program for Successful Transition to Adulthood (hereinafter, Chafee program)—
authorized under Title IV-E of the Social Security Act (SSA) and administered by the U.S. Department of Health
and Human Services (HHS). Division X does not amend Title IV-E of the SSA, but modifies policies within the
programs for specified periods. General y, this timeframe is between April 1, 2020, and September 30, 2021;
however, some flexibilities applied as early as October 1, 2019, or continue as late as September 30, 2022. The
provisions apply to jurisdictions that operate a Title IV-E Foster Care program under a Title IV-E plan approved
by HHS. Currently, this includes the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and
selected Indian tribes (hereinafter, states, unless otherwise noted).
Foster care is a temporary living arrangement intended to ensure a child’s safety and wel -being until a permanent
home with her or his family can be reestablished or newly established. States that operate a Title IV-E Foster Care
program are entitled to federal reimbursement to cover their cost of providing foster care maintenance payments
(shelter, food, and related costs) to children under age 18 who meet certain eligibility criteria. States may elect to
seek partial federal reimbursement to provide extended foster care to youth up to ages 19, 20, and 21 who meet
additional eligibility criteria related to education and employment. In response to the pandemic, Division X of
P.L. 116-260 includes provisions about extending care and related protections that general y apply through
September 30, 2021. Specifical y, the act prohibits states from requiring a youth to leave foster care solely due to
age; al ows a youth to remain or become eligible for extended Title IV-E foster care if she or he would otherwise
qualify except for the age or education and employment requirements; directs states to facilitate the voluntary
reentry to foster care of youth who aged out of care since January 27, 2020; and provides protections that focus on
the needs of older foster youth.
The Chafee program provides funds to states to assist them in offering supports for youth who experience foster
care at age 14 or older, including former foster youth up to age 21 (or up to age 23 in certain states). The program
seeks to address poor education, employment, and other outcomes experienced by many of these youth as they
transition to adulthood. Under the Chafee Education and Training Voucher (ETV) program, states may provide a
voucher—worth up to $5,000 each year or the cost of attendance (whichever is less)—for an eligible youth to
attend an institution of higher education up to age 26. Division X of P.L. 116-260 appropriated an additional $400
mil ion for FY2021 to the Chafee and ETV programs to assist current and former foster youth during the
pandemic. With regard to the supplemental FY2021 appropriations, the act suspends the requirement for states to
provide matching funds with their own dollars and restricts HHS when imposing financial penalties for states
related to data collection. Among other changes, the law provides program flexibilities that include enabling
Chafee funding to be used for extending foster care to youth who are not eligible for Title IV-E foster care;
increasing the maximum age of eligibility to 27 for the Chafee and ETV programs; al owing states to use more
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Youth Provisions in the Supporting Foster Youth and Families Through the Pandemic Act

than 30% of their Chafee funds for housing nearly any Chafee-eligible youth; and altering the requirements
around eligibility, use of funds, and amount of funding available to youth under the ETV program. General y,
these flexibilities are in place through September 30, 2021. Another flexibility, increasing the maximum annual
amount of the ETV award to $12,000, extends through September 30, 2022.

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Contents
Introduction ................................................................................................................... 1
Background.................................................................................................................... 2
Foster Care Program and Chafee Program Provisions in Division X........................................ 3
Foster Care Program Changes...................................................................................... 3
Chafee Program Changes............................................................................................ 4
HHS Guidance .......................................................................................................... 5
The Foster Care Program: Housing and Other Supports ........................................................ 5
What is the Foster Care Program? ................................................................................ 5
Early HHS-ACF Guidance: Pandemic-Related Flexibilities Offered Under the
Stafford Act for the Foster Care Program .................................................................... 6
What is the difference between temporary Stafford Act flexibilities and Division
X? ................................................................................................................... 7
Division X Required Moratorium on Aging Out of Foster Care and Related
Provisions ............................................................................................................ 10
HHS-ACF Guidance on Implementation of the Moratorium on Aging Out .................. 11
The Chafee Program: Services and Supports ..................................................................... 12
What is the Chafee Program? .................................................................................... 12
Early HHS-ACF Guidance on Using the Chafee Program to Serve Youth During the
Pandemic ............................................................................................................. 13
Division X Supplemental Funding and Flexibilities Under the Chafee Program................. 13
Eligibility for Chafee Services.............................................................................. 14
Housing Assistance............................................................................................. 14
Maintaining Eligibility for the ETV Program .......................................................... 14
Promoting Driving and Transportation Activities to Support Youth............................. 15
Funding for Title IV-E Foster Care Activities .......................................................... 16
Supplemental Funding and Related Provisions ........................................................ 17

Figures
Figure 1. Extension of Foster Care and Waiving of Education and Employment Conditions,
by State ....................................................................................................................... 9

Tables

Table A-1. Temporary Flexibilities for the Chafee and ETV Programs Under the
Supporting Foster Youth and Families through the Pandemic Act (Division X of P.L.
116-260) ................................................................................................................... 20
Table A-2. Supplemental FY2021 Chafee and ETV Program Al otments for States,
Territories, and Tribes Provided Under the Supporting Foster Youth and Families
through the Pandemic Act (Division X of P.L. 116-260) ................................................... 23

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Appendixes
Appendix. Flexibilities and Additional Funding for the Chafee Program and Education
and Training Voucher (ETV) Program ........................................................................... 20

Contacts
Author Information ....................................................................................................... 25

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Introduction
Youth who experience foster care as teenagers often face chal enges as they transition to
adulthood. Compared to their peers general y, these youth often have poor outcomes in education,
employment, housing stability, and other markers of adulthood.1 Such chal enges appear to be
heighted during the Coronavirus Disease 2019 (COVID-19) pandemic, as reported in news
publications and surveys of foster youth.2
The Consolidated Appropriations Act, FY2021—an omnibus bil that includes regular FY2021
appropriations and supplemental appropriations in response to the pandemic—was signed into
law on December 27, 2020 as P.L. 116-260. The Supporting Foster Youth and Families through
the Pandemic Act, included as Division X of that law, contains multiple provisions to address the
needs of teens and young adults who have experienced foster care.3 The law is primarily drawn
from a bil of the same name (H.R. 7947), which was introduced in August 2020 by
Representative Danny Davis, chairperson of the House Ways and Means Subcommittee on
Worker and Family Support, with Representative Jackie Walorski, the ranking member of the
subcommittee, as original co-sponsor.
This report focuses on two programs that pertain to young people ages 14 through 26 who have
experienced foster care. The two programs are authorized under Title IV-E of the Social Security
Act (SSA): the Title IV-E Foster Care and Permanency program (hereinafter, Foster Care
program) and John H. Chafee Foster Care Program for Successful Transition to Adulthood
(hereinafter, Chafee program).4 Both programs are administered by the Children’s Bureau (CB)—
an agency within the U.S. Department of Health and Human Services (HHS), Administration for
Children and Families (ACF).
This report begins with background on the experiences and needs of former foster youth before
and during the COVID-19 pandemic, based on available research. It then provides an overview of
the Foster Care program and Chafee program provisions in Division X. This is followed by more
detailed background on, and the temporary changes to, both programs. Where applicable, the
report discusses pandemic-related HHS guidance on the programs, both before and after
enactment of Division X.

1 For further information, see CRS Report RL34499, Youth Transitioning from Foster Care: Background and Federal
Program s.
2 Megan Conn, “ Pandemic Support for Foster Youth Still Delayed, Months After Federal Action,” The Imprint, March
3, 2021, https://imprintnews.org/foster-care/pandemic-support-for-foster-youth-still-delayed-months-after-federal-
action/52563; Foster Club, The Im pact of COVID-19 on Youth from Foster Care, A National Poll, May 13, 2020;
Foster Club, Checking in on Young People from Foster Care as COVID-19 Continues: A National Poll, December 22,
2020; Johanna K.P. Greeson et al., The Experiences of Older Youth In & Aged Out of Foster Care During COVID-19,
Field Center, University of Pennsylvania, September 2020; Child Welfare League of America, “T own Hall for Older
Foster Youth,” March 19, 2020, https://www.cwla.org/virtual-town-hall-for-older-foster-youth/; and Raquel Wilson,
“Surviving the Coronavirus Crisis Current & Former Foster Youth Speak Out, The Imprint, April 12, 2020,
https://imprintnews.org/surviving-the-coronavirus-crisis.
3 Division X also made changes to child welfare and home visiting policies that apply more broadly than just to older
youth. For further information about Division X, see CRS Congressional Distribution Memorandum, Child Welfare
and Hom e Visiting Provisions in the Consolidated Appropriations Act, 2021 ( P.L. 116-260), available to congressional
clients upon request.
4 T he T itle IV-E Foster Care program is authorized at Section 472 of the Social Security Act (SSA) and the Chafee
program is authorized at Section 477 of the SSA.
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Background
About 155,000 young people ages 14 through 20 spent at least one day in foster care during
FY2019.5 Of those who left care during that year, approximately 20,000 were emancipated.
Emancipation is the formal court process by which foster youth who reach the age of majority are
discharged from the state’s responsibility; the phrase aging out is the common term for this
process. General y, emancipation means these youth reached a state’s legal age of adulthood—
usual y 18—without having been reunited with their families or placed in new permanent
families. Currently, approximately 186,000 young people ages 18 through 26 have left foster care
through emancipation.6
Youth who spend their teenage years in foster care, including those who age out of care, often
experience a range of difficulties as they transition into adulthood. Research has shown that
young adults with foster care history are much less likely than their peers in the general
population to have attended postsecondary education, ever held a job, be employed, be connected
to work or school, or describe their general health as “excel ent” or “very good” (among other
outcomes). These differences general y hold true when youth are surveyed across multiple points
in early adulthood.7 Stil , remaining in extended foster care appears to be a protective factor for
young people. An HHS report to Congress in 2020 found that among a cohort of youth who had
been in foster care at age 17, those who remained in care at ages 19 and 21 were less likely to
become homeless, pregnant or parenting, or incarcerated.8
During the pandemic, young adults who are or were in foster care have reported heightened
chal enges. Surveys of these youth have signaled difficulties across multiple areas. Foster Club,
an organization that provides peer support to foster youth, conducted online surveys of current
and former foster youth in May 2020 and December 2020.9 In terms of housing, nearly one-
quarter of youth surveyed were forced to move or feared being forced to leave their current living
situation due to the pandemic in May 2020. This increased to about four in ten youth by
December 2020. In both surveys, just over half of youth said they had chal enges with food
security, such as having to skip a meal due to a lack of food, and 20% said they did not have
someone (e.g., friend, family member, caseworker, etc.) they could rely on for financial or
emotional supports. With respect to employment, about 65% of youth who had worked before the
pandemic were no longer employed in May 2020; this figure decreased to 36% in December
2020.
Another survey of foster youth, taken during April 2020 by the University of Pennsylvania’s
Field Center, showed significant differences between youth depending on whether they were stil

5 Congressional Research Service (CRS) analysis of U.S. Depart ment of Health and Human Services (HHS),
Administration for Children and Families (ACF), Administration for Children, Youth and Families (ACYF), Children’s
Bureau (CB), Adoption and Foster Care Analysis and Reporting System (AFCARS) #27 Prelim inary FY2019 Estim ates.
6 CRS analysis of HHS, ACF, ACYF, CB, AFCARS #24 through #27, Preliminary FY2014 through FY2019 Estimates.
7 Mark E. Courtney et al., Findings from the California Youth Transitions to Adulthood Study (CalYOUTH):
Conditions of Youth at Age 23, University of Chicago, Chapin Hall Center for Children, 2020; and Mark E. Courtney et
al., Midwest Evaluation of the Adult Functioning of Form er Foster Youth: Outcom es at Age 26 , University of Chicago,
Chapin Hall Center for Children, 2011.
8 HHS, ACF, National Youth in Transition Database [NYTD] Report to Congress, February 2020. T his analysis drew
on AFCARS data from FY2014 and NYT D data from FY2018.
9 Foster Club, The Impact of COVID-19 on Youth from Foster Care, A National Poll, May 13, 2020; Foster Club,
Checking in on Young People from Foster Care as COVID-19 Continues: A National Poll, December 22, 2020. Both
surveys included a non-random sample of at least 500 youth ages 18 through 24 in 43 states.
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in foster care. Compared to their peers who were no longer in care, youth in care were less likely
to report food insecurity, apply for public benefits during the pandemic, and report that the
pandemic had a major impact on their financial stability.10 (Because this survey was conducted
approximately a year ago, during the early part of the pandemic, additional information would be
needed to determine whether these differences have persisted through to the current period.)
Foster Care Program and Chafee Program Provisions
in Division X
Division X seeks to address the myriad chal enges that current and former foster youth are
experiencing during the pandemic through temporary flexibilities in both the Foster Care program
and Chafee program. The Foster Care program flexibilities are intended to provide housing and
related supports to youth who would otherwise age out of foster care during the pandemic, while
also ensuring that youth who have already aged out have the opportunity to return to care. The
Chafee flexibilities aim to ensure that youth receive direct, immediate support to meet their
subsistence, educational, social-emotional, and other needs. Division X does not amend the
authorizing statutes for the Foster Care program or the Chafee program, but rather modifies some
of the policies within these programs for specified periods, usual y with an end date of September
30, 2021. The pandemic may extend beyond this time frame; the Biden Administration has
signaled that the public health emergency wil “likely” extend through calendar year 2021.11
Foster Care Program Changes
The Division X provisions general y apply to jurisdictions that operate a Foster Care program
under a Title IV-E foster care and permanency plan approved by HHS. Currently, this includes the
50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and selected Indian tribes
(hereinafter, collectively referred to as states unless otherwise noted).12 States that operate a
Foster Care program are entitled to federal reimbursement to cover their cost of providing foster
care (shelter, food, and other related costs) to children under age 18 who meet certain eligibility
criteria. States may also seek federal reimbursement for part of the cost of providing extended
foster care to youth up to ages 19, 20, or 21 provided these youth meet additional eligibility
criteria related to education or employment. With regard to the Foster Care program, Division X

10 Johanna K.P. Greeson et al., The Experiences of Older Youth In & Aged Out of Foster Care During COVID-19, Field
Center, University of Pennsylvania, September 2020 T his survey involved a non -random sample of nearly 300 youth
ages 18 through 23 in 33 states. T he study use statistical methods to examine the relationship between foster care (or
other variables) and a negative impact of the pandemic.
11 See letter from Norris W. Cochran IV, Acting Secretary of HHS, to governors, January 22, 2021,
https://ccf.georgetown.edu/wp-content/uploads/2021/01/Public-Health-Emergency-Message-to-Governors.pdf. Some
of the periods began on the date that HHS declared a public health emergency in resp onse to the pandemic. On January
31, 2020, the HHS Secretary issued a “Determination that a Public Health Emergency Exists Nationwide as the Result
of the 2019 Novel Coronavirus.” T he determination was made retroactive to January 27, 2020, and has been ren ewed
multiple times, most recently on April 7, 2021, for an additional 90 days. See HHS, “ Public Health Emergency
Declarations,” https://www.phe.gov/emergency/news/healthactions/phe/Pages/default.aspx.
12 In addition to the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, the territories of
Guam and American Samoa are defined as states for purposes of T itle IV of the SSA (see Section 1 101(a)(1)).
T herefore, both Guam and American Samoa are eligible to seek approval of a T itle IV-E program plan, which would in
turn make them eligible for Chafee and ET V funds. However, neither of those territories has done so. T he Northern
Mariana Islands is not defined as a state for purposes of T itle IV and thus is not eligible for participation in the Title
IV-E program, nor in the Chafee or ET V programs.
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 prohibits states from requiring a youth to leave foster care solely due to age
whether the disqualifying age for the youth was 18 or an older age, or whether a
youth meets the eligibility criteria for the Foster Care program;
 al ows youth to remain eligible for the Foster Care program if they would
otherwise qualify except for the requirements pertaining to age or education and
employment;
 directs states to facilitate the voluntary reentry to foster care of youth who aged
out of care since the start of the COVID-19 public health emergency on January
27, 2020, through the end of the public health emergency or September 30, 2021,
whichever comes first; and
 provides protections that focus on the safety, permanency, and wel -being needs
of foster youth.
These protections apply from December 27, 2020, through September 30, 2021, except, as noted
above, for the requirement related to facilitating reentry to care for youth who aged out during the
pandemic, which could expire sooner than September 30 if the public health emergency ends.
Chafee Program Changes
The Chafee program provides funds to states to assist them in offering material and other
supports for youth who experience foster care at age 14 or older, including former foster youth up
to age 21 (or age 23 in certain states).13 The program includes the Chafee Education and Training
Voucher (ETV) program, which annual y funds vouchers of $5,000 or the cost of attendance
(whichever is lower) for a Chafee-eligible youth to attend an institution of higher education.
Division X appropriates $400 mil ion in additional FY2021 funding for the Chafee program, of
which a minimum of $50 mil ion is for the ETV program. States may use a part of the $400
mil ion in supplemental funding for carrying out the Foster Care program requirements related to
youth remaining in foster care beyond age 18 (or 21 in states that regularly extend care to that
age), facilitating reentry of youth to foster care, and ensuring protections for older youth in care
(effective after the date of enactment through September 30, 2021).14 With regard to FY2021
supplemental funds, Division X waives the statutory requirement that states provide matching
funds and directs HHS to disregard the supplemental funding al otments when calculating any
financial penalties for states that do not meet certain data collection procedures. Further, Division
X temporarily extends eligibility for the Chafee program to age 27 (effective October 1, 2020-
September 30, 2021), provides flexibilities related to use of Chafee and ETV funds (varying time
frames, but general y effective from December 27, 2020, through September 30, 2021), and
increases the maximum ETV award from $5,000 to $12,000 annual y (effective December 27,
2020-September 30, 2022). The Appendix summarizes the changes to the Chafee program and
includes a table with FY2021 supplemental Chafee and ETV al ocations by state.

13 Youth in states that extend foster care to age 21 can be served under the Chafee program until age 23. Section
477(b)(3)(A) of the Social Security Act.
14 In guidance, HHS has indicated that these Chafee funds are available for costs incurred “between December 27, 2020
and September 30, 2021.” See, HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 9.
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HHS Guidance
Prior to enactment of Division, X, HHS-ACF used authority given to particular federal agencies
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter, Stafford
Act) to provide certain flexibilities for extended foster care related to the COVID-19 pandemic.
Flexibilities under the Foster Care program were described in guidance issued on April 27, May
8, and May 26 in 2020; and under the Chafee program in the April 27, 2020, guidance.15 Among
other things, the guidance gave al states the option to temporarily enable youth to remain eligible
for the Foster Care program up to age 21. It also permitted states that did this (as wel as those
that regularly opted to extend care) to disregard the education/work requirement for youth in care
beyond age 18.
HHS-ACF summarized provisions of Division X in an information memorandum issued on
January 7, 2021; it provided program instructions related to implementation of Division X,
including the youth provisions that apply to the Foster Care program and the Chafee and ETV
programs, on March 9, 2021.16 This latest guidance encourages child welfare agencies to engage
with youth and young adults in carrying out these provisions, such as through meeting with
existing youth advisory boards or similar affinity groups, which can assist in advising the
agencies. Further, the guidance urges states to verify expeditiously a youth or young adult’s
former foster care history and to serve youth even if they were in foster care in another state.
The Foster Care Program: Housing and Other
Supports
Division X makes several temporary changes to the Foster Care program, authorized under Title
IV-E of the Social Security Act, to ensure current and former foster youth may continue to receive
housing and other supports during the pandemic. This section provides brief background about
the Foster Care program, discusses early guidance from HHS on the program (including how this
guidance compares to the Division X provisions), and then outlines the temporary flexibilities
enacted by Division X.
What is the Foster Care Program?
Children typical y enter foster care after having experienced abuse and/or neglect by a parent.17
Responsibility for the care and placement of these children is given to a state, usual y by a court

15 See (1) HHS, ACF, ACYF, CB, Letter to Child Welfare Directors from Jerry Milner, Associate Commissioner of the
Children’s Bureau, April 27, 2020 (hereinafter, “HHS, ACF, ACYF, CB, Letter to Child Welfare Directors from Jerry
Milner, April 27, 2020”); (2) HHS, ACF, ACYF, CB, Stafford Act Flexibility for Certain Title IV-E Requirem ents
Related to Extended Title IV-E Eligibility, Licensing, and Foster Care Placem ents, PI-20-10, May 8, 2020 (hereinafter,
“HHS, ACF, ACYF, CB, PI-20-10, May 8, 2020”); and (3) HHS, ACF, ACYF, CB, Letter to Child Welfare Directors
from Jerry Milner, Associate Commissioner of the Children’s Bureau , May 26, 2020 (hereinafter, “HHS, ACF, ACYF,
CB, Letter to Child Welfare Directors from Jerry Milner, May 26, 2020”).
16 HHS, ACF, ACYF, CB, New Legislation – Public Law (P.L.) 116-260, Division X and Section 305 of Title III of
Division CC of the Consolidated Appropriations Act, 2021, enacted Decem ber 27, 2020 ; and HHS, ACF, ACYF, CB,
Guidance and Instruction Related to the Supporting Foster Youth and Fam ilies Through the Pandem ic Act, Division X
of the Consolidated Appropriations Act, 2021 , enacted Decem ber 27, 2020, PI-21-04, March 9, 2021 (hereinafter,
“HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021”).
17 For more information, see CRS Report R43458, Child Welfare: An Overview of Federal Programs and Their
Current Funding.
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but sometimes under a voluntary placement agreement. The state is required to work to reunite a
child in foster care with the child’s family, or, when this is not possible, to find a new permanent
home for the child via adoption or legal guardianship.18 However, some children in care may
reach the state’s age of majority, typical y age 18, without achieving reunification or other
permanency. Under the Foster Care program, states with an approved Title IV-E plan can seek
federal reimbursement for a part of the cost of providing foster care to children who meet age and
other eligibility factors, which are outlined in federal law.19
Title IV-E foster care assistance—referred to as foster care maintenance payments—covers the
cost of food, shelter, and other related costs in a foster family home or childcare institution, which
for youth age 18 or older may include an independent living setting. With regard to age, for a
child to be eligible for maintenance payments, she or he must be less than 18 years old—or less
than 21 years old in states that have amended their Title IV-E plans to provide assistance to an
older age.20 These youth must also participate in education, work, or work-related activities, or
have a documented medical condition that prohibits such participation. States have flexibility in
determining how they define these criteria and how they verify whether youth meet them.21 By
providing Title IV-E foster care funding, the federal government compels states to meet certain
program requirements. Among other things, states must fol ow a set of case review procedures for
each child in foster care, including developing a written case plan, periodical y reviewing the
child’s status in foster care, and ensuring regular permanency hearings.22
Early HHS-ACF Guidance: Pandemic-Related Flexibilities Offered
Under the Stafford Act for the Foster Care Program
On March 12, 2020, the Children’s Bureau at HHS-ACF cal ed attention to housing and other
support needs of some former foster youth that resulted from campus closures due to COVID-19
public health emergencies.23 On April 27 and May 26 of 2020, HHS-ACF reiterated guidance or
authority to help youth reenter foster care, and it encouraged states to conduct outreach to youth
who were no longer in foster care but may be eligible for extended foster care.24
Citing authority given to federal agencies administering federal assistance programs under the
Stafford Act, HHS-ACF issued a program instruction on May 8, 2020, that outlined several
options states could take to ensure youth in care who were approaching age 18, and former foster
youth, could remain housed and supported during the pandemic.25 These temporary flexibilities—

18 Section 471(a)(15) of SSA.
19 Section 474(a)(1) and Section 472(a) of the SSA. Other eligibilit y factors include the manner and reason for a child’s
removal from the home, the income of household from which the child was removed, and the child’s placement in a
licensed foster care setting, among others.
20 Section 472(a)(1) and Section 475(8) of the SSA. A state may elect to set the upper age bound at a youth’s 19 th, 20th
or 21st birthday.
21 HHS, ACF, ACYF, CB, Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008 , PI-
10-11, July 9, 2010, pp. 3-4 (hereinafter, “ HHS, ACF, ACYF, CB, PI-10-11, July 9, 2010.”)
22 Section 471(a)(16) and Section 475(5) of the SSA.
23 HHS, ACF, ACYF, CB, Letter to Child Welfare Directors from Jerry Milner, Associate Commissioner of the
Children’s Bureau, March 12, 2020.
24 HHS, ACF, ACYF, CB, Letter to Child Welfare Directors from Jerry Milner, April 27, 2020; and HHS, ACF,
ACYF, CB, Letter to Child Welfare Directors from Jerry Milner, May 26, 2020.
25 HHS, ACF, ACYF, CB, Letter to Child Welfare Directors from Jerry Milner, April 27, 2020; and HHS, ACF,
ACYF, CB, Letter to Child Welfare Directors from Jerry Milner, May 26, 2020.
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al of which are optional for a state—remain available during the time that a major disaster
declaration related to the COVID-19 pandemic is declared in the state and to the extent that a
state is unable to operate normal y during the disaster period. 26 They include the following:
 Temporary Extension of Foster Care: Any state that has not formal y amended its
Title IV-E plan to extend Foster Care assistance to older youth may use a simple
certification process to inform HHS that it wil offer this assistance to eligible
children up to age 21.27 (A state seeking to continue extended care following the
end of the major disaster declaration in the state must submit an amendment to its
Title IV-E plan to do this.)
 Waiving Selected Eligibility Requirements: States offering extended Foster Care
assistance, including those doing so temporarily, are al owed to waive the
required Title IV-E education and work participation eligibility requirements if
youth are unable to fulfil them because of the pandemic.
What is the difference betw een temporary Stafford Act flexibilities and
Division X?
Division X provisions on extended foster care are discussed in greater detail in the next section;
however, these provisions are related to, but different from, the option provided to states in the
May 8, 2020, HHS-ACF program instruction. A primary distinction is that the Stafford Act
flexibilities allow a state to extend foster care up to age 21 as long as a major disaster declaration
is in effect for the state, whereas the Division X provisions require al states to extend care up to
age 21 (or up to an older age, where applicable) through September 30, 2021. Further, the
Stafford Act flexibilities al ow states offering extended foster care assistance, including those
doing so temporarily, to waive Title IV-E education and work participation eligibility
requirements if youth are unable to fulfil them because of the pandemic. In contrast, the
moratorium on aging-out policy enacted in Division X waives the education and work
requirements for determining Foster Care program eligibility in al cases, and remains in place in
al states through September 30, 2021.
Figure 1 provides context about the status of extended care available in states and tribes
immediately before enactment of Division X, as of December 11, 2020.28 The map shows the
following:
 Overal , 32 states (including the District of Columbia) and 9 tribes had extended
foster care through an amendment to their Title IV-E state plans.29 An additional
5 states (Kentucky, Montana, Nevada, New Jersey, and New Mexico) had
exercised the option provided by HHS to temporarily extend foster care pursuant

26 Stafford Act major disaster declarations occur on a state-by-state or other locality/jurisdiction basis and may have
different end dates. See, CRS Report R46326, Stafford Act Declarations for COVID-19 FAQ.
27 HHS, ACF, ACYF, CB, PI-20-10, May 8, 2020. See also, HHS, ACF, ACYF, CB, Letter to Child Welfare Directors
from Jerry Milner, May 26, 2020.
28 T his is based on Congressional Research Service (CRS) correspondence with HHS, ACF on December 11, 2020 .
29 T hese 32 states are AL, AR, AZ, CA, CO, CT , DC, FL, HI, IL, IN, LA, ME, MD, MA, MI, MN, NC, ND, NE, NH,
NY, OH, OR, PA, RI, T N, T X, VA, WA, WI, and WV. T he nine tribes are the Pascua Yaqui T ribe (AZ), Eastern Band
of Cherokee (NC), Standing Rock Sioux T ribe (ND and SD), Navajo Nation (AZ, NM, UT ), Keweenaw Bay Indian
Community (MI), Penobscot Indian Nation (ME), Rosebud Sioux (SD), Mashpee Wampanoag T ribe (MA), and
T olowa Dee-ni’ Nation (CA). T his is based on CRS correspondence with HHS, ACF on December 11, 2020.
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to their Stafford Act disaster declarations. Fourteen states had opted not to
provide extended care, even on a temporary basis.30
 Most states that had extended foster care through a Title IV-E plan amendment
(27 states and 1 tribe)31 or under a Stafford Act declaration (5 states)32 had also
elected to use the Stafford Act authority provided by HHS to temporarily waive
the education and employment conditions for remaining in extended care. In
other words, youth do not need to be engaged in education or employment
activities as a condition for remaining in care while a declaration disaster is in
place within their respective states.
Although the Division X requirements for extending foster care expire on September 30, 2021,
states may extend care under the temporary Stafford Act authorities if major disaster declarations
remain in effect after that date. In addition, states with such declarations in place after September
30, 2021, may also waive the education and employment requirements associated with staying in
extended care.
States that provide extended foster care through a permanent plan amendment wil stil be able to
seek federal reimbursement for this extended care beyond September 30, 2021, but they wil no
longer be able to claim such support for youth who are age 21 or older. If a disaster declaration
remains in place in the state, however, they may continue to waive the education and employment
requirements so long as a youth’s inability to meet those requirements is a result of the disaster
declaration.

30 T hese 14 states are AK, DE, GA, ID, IA, KS, MO, MS, OK, SC, SD, UT , VT , and WY. T his is based on CRS
correspondence with HHS, ACF on December 11, 2020.
31 T hese 27 states are AR, AZ, CA, CO, FL, IL, IN, KY, LA, MD, MA, MN, MT , NV, NH, NM, NY , ND, OH, PA, RI,
T N, T X, VA, WA, WV, and WI. T his is based on CRS correspondence with HHS, ACF in early December 2020.
32 T he five states are KY, MT , NV, NJ, and NM.
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Figure 1. Extension of Foster Care and Waiving of Education and Employment Conditions, by State
As of December 11, 2020, prior to enactment of the Supporting Foster Youth and Families through the Pandemic Act (Division X of P.L. 116-260)

Source: Based on Congressional Research Service (CRS) correspondence with the U.S. Department of Health and Human Services (HHS), Administration for Children
and Families (ACF), December 11, 2020.
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Youth Provisions in the Supporting Foster Youth and Families Through the Pandemic Act

Division X Required Moratorium on Aging Out of Foster Care and
Related Provisions
Section 4 of Division X temporarily prohibits states from requiring youth to leave foster care
solely due to age, suspends eligibility rules related to work and education for older youth,
requires states to conduct outreach to ensure youth who aged out of care during the pandemic
may reenter foster care, and extends certain protections to youth remaining in or reentering care.
These provisions apply to any state operating a Foster Care program, including those that did not
extend foster care beyond a youth’s 18th birthday prior to enactment of the law and those that did
not elect to use Stafford Act flexibility to provide this extended care.33 The Division X provisions
that apply to the Foster Care program, mostly through September 30, 2021, include the following:
 Temporary Moratorium on Aging Out: Starting on the date of enactment
(December 27, 2020), states are prohibited from requiring a youth to leave foster
care due solely to their age (through September 30, 2021). This applies without
regard to whether the disqualifying age for the youth is 18 or an older age.
 Temporary Suspension of Work or Education Eligibility Requirements: From
December 27, 2020, through September 30, 2021, the Title IV-E eligibility
requirements for older youth related to participation in education or work are
suspended, al owing states to maintain Title IV-E eligibility for otherwise eligible
youth.
 Reentry into Foster Care: Youth who left foster care due to age since the start of
the COVID-19 public health emergency on January 27, 2020, are al owed to
voluntarily reenter foster care through the end of the public health emergency or
September 30, 2021, whichever comes first.
 Required Notice to Youth Who Aged Out During the Pandemic: States are
required to provide a notice to each youth who was discharged from foster care
due to age since January 27, 2020, to make the youth aware of the option to
return to care through September 30, 2021; and are required to facilitate the
voluntary return of any such youth to care.
 Outreach to Youth: States are required to conduct a public awareness campaign
directed at youth who aged out of care at any time in FY2020 or FY2021—and
are not yet 22 years old—to make these eligible youth aware of the option to
return to foster care.34
 Needs of Older Foster Youth: States are directed to continue to ensure the safety,
wel -being, and permanence needs of older foster youth, including those who

33 Division X applies the provisions in this section to any state operating a T itle IV-E Foster Care program under an
approved plan. Under Section 479B(b) of the SSA, requirements included in T itle IV-E of the SSA must apply to tribes
operating a T itle IV-E program in the same manner as they apply to states (unless specific except ion is given for tribes
in Section 479B). Although provisions in Division X do not directly amend T itle IV-E, they do address operation of a
T itle IV-E program and HHS interprets the provision to apply to tribes operating a T itle IV-E plan. See HHS, ACF,
ACYF, CB, PI-21-04, March 9, 2021.
34 In its March 2021 guidance, HHS encourages child welfare agencies to reach out to other former foster youth who
may now potentially be eligible for foster care or to receive other services, such as those that could be funded under the
Chafee program. HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 6.
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remain in foster care and those who age out and then reenter foster care
(presumably in effect from January 27, 2020, through September 30, 2021).35
 Transition Plan and Permanent Connections: States are directed to work with
youth who remain in care at age 18—or the later age at which youth must leave
care in the state as specified in the state’s Title IV-E plan—to develop, or to
review and revise, the youth’s transition plan and to assist the youth with
identifying adults who can offer meaningful, permanent connections (effective
December 27, 2020-September 30, 2021).36
From the day after enactment37 through the end of FY2021 (September 30, 2021), states may use
a part of the $400 mil ion in supplemental Chafee and ETV program funding (discussed
subsequently) to carry out the Foster Care program requirements related to youth remaining in
foster care, facilitating reentry of youth to foster care, and ensuring protections for older youth in
care. However, the supplemental funds may only cover the cost of maintaining youth in foster
care and providing protections for older youth if those youth are ineligible for Foster Care
maintenance payments.38 States are instructed to make “reasonable efforts” to determine Foster
Care program eligibility when youth remain or return to foster care in response to the pandemic-
related requirements.39 Further, states must ensure that older youth who remain in or reenter care
are not found ineligible because they fail to meet the age or education and employment conditions
for extended Title IV-E foster care.
HHS-ACF Guidance on Implementation of the Moratorium on Aging Out
The March 2021 HHS-ACF guidance notes that there is not an upper age limit for remaining in or
returning to care, and therefore these provisions can apply to youth age 21 or older.40 The
guidance also specifies that child welfare agencies could al ow youth to remain in or reenter care
without the agencies being given placement and care responsibilities. However, it notes that the
agencies must provide monthly financial support to any youth remaining in or reentering foster
care, along with age-appropriate supervision and case management services. It further notes that
as agency placement and care responsibility are a condition of eligibility for the Foster Care
program, the agency must not claim Title IV-E foster care reimbursement for such youth.41

35 T he law specifies that this provision applies to youth who remain in foster care and youth who age out of foster care
during “that period” but who reenter foster care as permitted under Section 4 of Division X. T he reference to “that
period” is not defined, but may refer to the start of the COVID-19 public health emergency on January 27, 2020,
through September 30, 2021, or the last day of the COVID-19 public health emergency, whichever comes first.
36 T he transition plan requirements are at Section 475(5)(H) of the SSA. See prior discussion of these requirements.
37 In its March 2021 guidance, HHS notes that Chafee funds can be used for T itle IV-E costs, as specified in the law,
from December 27, 2020, through September 30, 2021. See HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 9.
38 For example, youth age 18 or older who become or remain eligible for IV-E foster care payments based on the
temporary waiver of age and education/work requirements of Division X may not be supported with the Chafee funds.
39 As enacted, Division X does not specifically reference “ reasonable efforts” for determining T itle IV-E eligibility for
youth who reenter care due to a state’s efforts to notify youth who aged out of care during the pandemic of their option
to reenter care, and their efforts to help those youth voluntarily return to care. However, HHS guidance specifies that
such “reasonable efforts” must be made under these circumstances, though this term is not defined. See, HHS, ACF,
ACYF, CB, PI-21-04, March 9, 2021, p. 4.
40 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 4.
41 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 4. Children in foster care are those children for whom the state
or tribal agency operating a T itle IV-E plan has been given responsibility for care and placement. See 45 C.F.R.
§1355.20, definition of foster care. T he regulatory definition of foster care includes the fact that the child is in the
placement and care responsibility of the T itle IV-E agency. However, PI-21-04 specifically notes that this aspect of the
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With regard to Title IV-E foster care maintenance payments, the March 2021 HHS-ACF guidance
notes that states may seek reimbursement on behalf of youth who are eligible for Title IV-E foster
care except for the age or work and education requirements. Consistent with HHS-ACF guidance
in July 2010, the March 2021 guidance specifies that these youth may reenter care through a
voluntary placement agreement (which gives care and placement responsibility to the child
welfare agency). In addition, a child welfare agency can determine which settings are al owable
Title IV-E placement options for youth age 18 or older. As is true on a permanent basis, youth age
18 or older may be placed in supervised independent living settings that do not need to be
licensed to provide foster care. The March 2021 guidance lists possible placement settings that
include a foster family home or childcare institution providing foster care, such as host homes,
college dormitories, shared housing, semi-supervised apartments, or supervised apartments.42
The Chafee Program: Services and Supports
Division X enacted temporary flexibilities under the Chafee program, authorized under Title IV-E
of the Social Security Act, to provide immediate supports to meet the subsistence, education,
employment, housing, social-emotional, and other needs of foster youth during the pandemic.
This section provides brief background about the Chafee program and then discusses the
temporary flexibilities enacted by Division X. Where applicable, this section addresses HHS
pandemic-related guidance on the Chafee program before and after the law’s enactment.
What is the Chafee Program?
The Chafee program provides funds to states to assist them in offering supportive services for
youth who experience foster care at age 14 or older, including former foster youth up to age 21
(or up to age 23 in selected states).43 The program seeks to address poor education, employment,
and other outcomes experienced by many such foster youth as they transition to adulthood.
States are expected to use Chafee funds to provide a full range of services and supports intended
to help current and former foster youth become successful adults, including using Educational
and Training Voucher (ETV) funds to support Chafee-eligible youth in attending an institution of
higher education for up to five years before reaching age 26.44 General y, al Chafee and ETV
program funds are al otted to states primarily in proportion to each state’s share of the total
number of children in foster care national y.45 After this initial al otment is made, amounts for

regulatory definition need not apply to youth remaining in or reentering care under the Division X provisions. Allowing
states to waive care and placement responsibilities for youth who may not be eligible for T itle IV-E foster care
maintenance payments appears to be a departure from this definition and current practice. See also, HHS, ACF, ACYF,
CB, PI-10-11, July 9, 2010, pp. 5-7.
42 See HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, pp. 5-6. These settings are consistent with those listed in
HHS-ACF guidance from 2010. See HHS, ACF, ACYF, CB, PI-10-11, July 9, 2010, p. 9.
43 Chafee and ET V program funding is available to states with an HHS-approved Chafee plan, provided they also have
an HHS-approved T itle IV-E foster care and permanency plan. Section 474(a)(4) and Section 477(h) of the SSA. Youth
in states that extend foster care to age 21 can be served under the Chafee program until age 23. Section 477(b)(3)(A) of
the Social Security Act.
44 Section 477 of the SSA.
45 Section 477(c) of the SSA describes allotments to states. Initial funding for ET Vs is wholly allotted based on a
state’s share of the national foster care caseload (see Section 477(c)(3) of the SSA). Initial funding for regular Chafee
funding is also awarded in this manner. However, if this allotment process results in any state receiving an allotment
amount that is less than $500,000 (or, if greater, the amount of funding it received for FY1998 under the predecessor
program to Chafee), then HHS-ACF must proportionately reduce funding to any state that exceeded those benchmarks
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Youth Provisions in the Supporting Foster Youth and Families Through the Pandemic Act

tribes are determined based on a tribe’s share of children in foster care in the state in which the
tribal children reside.46 States have two fiscal years to spend their Chafee and ETV funds.47 If a
state does not apply for al of its al otment, the remaining funds may be redistributed among
states that need these funds as determined by HHS. Further, HHS may real ocate funds that are
not spent within the two-year period to states that apply for the funding.48
Chafee law authorizes $143 mil ion annual y in mandatory funding for the Chafee program and
up to $60 mil ion annual y in discretionary funding for the ETV program.49 P.L. 116-260 (in
Division H) provides regular FY2021 appropriations totaling $186.3 mil ion for the Chafee
program ($143 mil ion) and ETV program ($43.3 mil ion).
Early HHS-ACF Guidance on Using the Chafee Program to Serve
Youth During the Pandemic
HHS-ACF guidance issued prior to enactment of Division X addressed the use of Chafee funds in
response to the COVID-19 pandemic. This guidance, from April 2020, noted that Chafee funding
can be used to help youth receiving Chafee services with accessing a cel phone “if it wil either
facilitate participation in program services or enhance the effectiveness of the services in
transitioning him/her to adulthood.”50
The guidance also encourages states that extend care to age 21 to extend Chafee services to youth
up to age 23 (as permitted under current law).51 As of early December 2020, 21 states, the District
of Columbia, and Puerto Rico provided such support to age 23.52
Division X Supplemental Funding and Flexibilities Under the
Chafee Program
Section 3 of Division X appropriates $400 mil ion in supplemental FY2021 Chafee program
funding and makes temporary changes to certain Chafee and ETV program rules intended to
enable states to better serve youth during the pandemic. These provisions do not amend Chafee

in order to permit each state to receive the minimum grant of $500,000 or the hold harmless award level. See Section
477(c)(1) of the SSA.
46 Section 477(j)(1) of the SSA describes eligible tribes and tribal organizations as those able to directly operate a T itle
IV-E program (i.e., those with an HHS-ACF approved T itle IV-E plan [under Section 479B]) or those indirectly
operating some or all of a T itle IV-E program (i.e., those that have an agreement or contract with a state to receive T itle
IV-E funds to do this work).
47 Section 477(d)(5) of the SSA.
48 Section 477(d)(4) of the SSA.
49 Section 477(h)(1) and (h)(2) of the SSA. Chafee funding is annually appropriated (at the $143 million level, as
authorized in the law) as part of the larger appropriations account referred to as “Foster Care and Permanency” for
HHS-ACF. T his account also funds mandatory T itle IV-E foster care maintenance payments, adoption assistance, and
guardianship assistance. Chafee ET V funding is provided as part of the HHS-ACF account providing discretionary
funding for “Children and Families Services Programs.” See U.S. Congress, House of Representatives, 116th Cong., 2nd
sess., Explanatory Statement to Accompany Division H of the Further Consolidated Appropriations Act, 2021 (H.R.
133), which was enacted as P.L. 116-260.
50 HHS, ACF, AYCF, CB, Letter to Child Welfare Directors from Jerry Milner, April 27, 2020.
51 Section 477(b)(3)(B) of the SSA.
52 T his is based on CRS correspondence with HHS, ACF on December 11, 2020. T hese 23 states include CO, CT , DC,
FL, IL, IN, IA, KY, MD, MA, MI, MN, MO, NE, ND, OR, PA, PR, UT , VT , VA, WA, and WV.
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link to page 25 Youth Provisions in the Supporting Foster Youth and Families Through the Pandemic Act

law but instead suspend regular program rules for varying periods of time (most of the provisions
apply through September 30, 2021).
In addition to providing supplemental funding, the provisions in Section 3 al ow states to make
changes to the upper age of eligibility for the Chafee and ETV programs; use a larger share of
Chafee funding to provide housing assistance to a broader group of youth; alter the requirements
around eligibility, use of funds, and amount of funding available to youth under the ETV
program; promote a focus on driving and transportation supports for certain Chafee-eligible
youth; and spend funds to meet the Division X Title IV-E foster care requirements for youth who
are not Title IV-E eligible. These provisions, and related HHS guidance, are discussed in the
following sections. Table A-1 summarizes the changes and the dates they are effective.
Eligibility for Chafee Services
Division X increases the maximum age for services or assistance under the Chafee and ETV
programs to a youth’s 27th birthday (effective October 1, 2019-September 30, 2021).
Under Chafee law, youth are eligible for Chafee program services and assistance if they have
experienced foster care at age 14 or older, including those who have left foster care up to their
21st birthday and those who have left foster care at age 16 or older for kinship guardianship or
adoption.53 States that extend foster care to age 21 can provide Chafee services to a youth’s 23rd
birthday. Youth who are eligible for the Chafee program are also eligible to receive an ETV for
five years, whether consecutive or not, until their 26th birthday.54
Housing Assistance
Division X permits a state to use more than 30% of its Chafee funds for room and board
payments. It also al ows this housing assistance to be made available to youth ages 18 through 26
who experienced foster care at age 14 or older and are otherwise eligible for Chafee-funded
services. These flexibilities apply from April 1, 2020, through September 30, 2021.
By contrast, under Chafee law a state must certify that it wil use no more than 30% of its
al otment to provide room and board assistance.55 This assistance may be offered only to youth
who have aged out of foster care up to age 21 (or up to age 23 in states certified by HHS as
providing extended foster care). A state must additional y certify that none of the amounts paid
from its al otment wil be expended on room or board for any child under age 18.56
Maintaining Eligibility for the ETV Program
Division X directs HHS to waive the ETV requirement that a youth must be enrolled or be
making satisfactory progress toward completion of a postsecondary education or training
program, if the youth is unable to do so because of the COVID-19 public health emergency. The
act al ows vouchers to be used to “maintain training and postsecondary education,” including
matriculation costs for students attending less than full-time or other expenses that are not part of
the cost of attendance but help support youth in remaining enrolled. These provisions apply from
April 1, 2020, through September 30, 2021. The act additional y specifies that the annual value of

53 Section 477(a) of the SSA.
54 Section 477(i)(3) of the SSA.
55 Section 477(b)(3)(B) of the SSA.
56 Section 477(b)(3)(C) of the SSA.
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an ETV can be up to $12,000 or a youth’s cost of attendance, whichever is lower, from December
27, 2020, through September 30, 2022.
By contrast, under Chafee law states may only al ow youth participating in the ETV program to
remain eligible until their 26th birthday, so long as the youth are enrolled in and making
satisfactory progress toward completion of a postsecondary education or training program. These
youth can receive the vouchers for up to five years, consecutive or not, until age 26.57 As
specified in Chafee law, an ETV may be provided to youth for the cost of attendance at an
institution of higher education, as these terms are defined by the Higher Education Act (HEA).58
The annual value of an ETV may be up to $5,000 or a youth’s cost of attendance, whichever is
lower.59
HHS-ACF Guidance on ETV Provisions in Division X (March 2021)
HHS-ACF guidance from March 2021 notes that the ETV funding and flexibilities in Division X
are to assist youth who had been on track to attend, or were attending, an institution of higher
education but had their education interrupted by the pandemic (and may include youth who were
forced to pause their education due to financial chal enges).60 The temporary flexibilities apply to
expenses paid for by regular FY2021 and FY2022 ETV appropriations and the supplemental
FY2021 funds.
According to the guidance, expenses covered by the ETV funds do not necessarily have to relate
to attending an institution of higher education, and can include items such as laptops or other
technology necessary for virtual education, earphones, desks and chairs, printers and other
supplies, and tools for internet access.61 The guidance notes that Division X does not modify the
current law requirement that youth may receive an ETV for five years at most, whether
consecutive or not.62 It appears possible that youth can use an ETV for living expenses if they are
on a break from school due to the pandemic, and this could therefore limit the amount of time
they are able to access an ETV to pay for their educational expenses in a future year.
Promoting Driving and Transportation Activities to Support Youth63
Division X adds requirements related to driving and transportation activities under the Chafee
program. It provides that Chafee and ETV funds may be used to offer driving and transportation
assistance to a youth age 15 or older who is in foster care or was formerly in care through age 26.
(This minimum age is one year older than that under Chafee law, where a youth may be age 14 or
older to qualify for the Chafee and ETV programs, and the maximum age of eligibility is
consistent with the Division X change to eligibility for the programs.)
This driving and transportation assistance may be used to cover costs related to obtaining a
driver’s license and driving lawfully, such as vehicle insurance costs, driver’s education classes,

57 Section 477(i)(3) of the SSA.
58 Section 477(i)(4) and (5) of the SSA. Cost of attendance is defined at 20 U.S.C. §1087ll and institution of higher
education is defined at 20 U.S.C. §10002.
59 Section 477(i)(4) of the SSA.
60 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p 13.
61 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p 14.
62 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p 14.
63 T hese provisions were contained in Division J of the Heroes Act (H.R. 925), as passed by the House on October 1,
2020.
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Youth Provisions in the Supporting Foster Youth and Families Through the Pandemic Act

testing fees, practice lessons, practice hours, license fees, roadside assistance, insurance
deductible assistance, and assistance in purchasing an automobile. Division X specifies that
eligible youth may receive up to $4,000 per year in support of driving and transportation
activities. This assistance must not be counted for purposes of determining a youth’s eligibility
for, or the amount of, any other federal or federal y supported assistance; however, the state must
take appropriate steps to prevent duplication of federal or federal y supported benefits. These
provisions apply from April 1, 2020, through September 30, 2021.
Under current law, one of the purpose areas of the Chafee program is to support youth who have
experienced foster care at age 14 or older in their transition to adulthood through “training and
opportunities to practice daily living skil s (such as financial literacy training and driving
instruction).”64 Accordingly, under regular program policy states can choose to use Chafee
funding for driving instruction and related activities for eligible youth up to age 21 (or age 23 in
states that extend foster care to age 21), but they are not compel ed to do so.
HHS-ACF Guidance on Driving and Transportation Provisions in Division X
(March 2021)
March 2021 HHS-ACF guidance specifies that driving and transportation expenses are ordinarily
al owable under the Chafee program without a dollar limit for eligible youth up to age 21 (or age
23 in states that extend foster care). As noted, Division X extends this maximum age to 26 and
puts a cap on the maximum amount of funding for these expenses.65
Funding for Title IV-E Foster Care Activities
Subject to certain restrictions, Division X permits states to use any of the FY2021 Chafee
supplemental funding to meet costs incurred in meeting the law’s temporary requirements for
Title IV-E foster care. As noted previously, these costs are related to (1) maintaining youth in
foster care who would have otherwise aged out of care and are ineligible for Title IV-E
maintenance payments, (2) facilitating the reentry of youth into foster care, (3) conducting a
public awareness campaign about reentering care, and (4) supporting the needs of older foster
youth who are ineligible for Title IV-E maintenance payments. In using Chafee funds for these
purposes, states must make “reasonable efforts” to determine whether a youth age 18 or older
who remains in care, or returns to care, is Title IV-E eligible. The Chafee and ETV funding can be
used for these Title IV-E activities carried out from the date after enactment66 through September
30, 2021.
These uses of funds are distinct from the purposes of Chafee law to help eligible youth make the
transition to adulthood.67

64 Section 477(a)(1) of the SSA. In addition, HHS has advised that transportation-related costs are allowed in the ET V
program so long as they facilitate the youth’s attendance at an institution of higher education. T he guidance further
notes that the state can use general Chafee funds for expenses related to a personal vehicle, such as a youth’s car
insurance or car repairs that are “reasonable and necessary for the youth to become independent or attend classes.” See,
HHS, ACF, ACYF, CB, Child Welfare Policy Manual, Section 3.5C, Question 4.
65 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 11.
66 In guidance, HHS has indicated that these Chafee funds are available for costs incurred “between December 27, 2020
and September 30, 2021.” See, HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 9.
67 Section 477(a) of the SSA.
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Supplemental Funding and Related Provisions
As noted, Division X appropriates $400.0 mil ion in supplemental Chaffee funding (of which a
minimum of $50 mil ion must be reserved for ETVs). Combined with the regular FY2021 Chafee
appropriations, this brings the total FY2021 Chafee funding to $586.3 mil ion.
Division X includes several funding-related requirements that pertain to the supplemental
FY2021 dollars:
 HHS is required to reserve 1.5% of the FY2021 Chafee supplemental funds for
evaluation, technical assistance, performance measurement, and data collection
activities. (This set-aside is consistent with current law.68) Of these funds,
$500,000 must be set aside to provide technical assistance to a state
implementing, or seeking to implement, a driving and transportation program for
youth eligible under the Chafee program (discussed previously). HHS must
ensure that the entity providing this assistance has demonstrated the capacity to
(1) successfully administer activities in one or more states to provide driver’s
licenses to youth in foster care and (2) increase the number of foster youth who
obtain a driver’s license.
 HHS is directed to submit a report to Congress on the extent to which the 1.5%
reservation from the supplemental funds (including the $500,000 set-aside) was
used to provide technical assistance, monitor state performance and foster youth
outcomes, and evaluate program effectiveness. The report must be submitted
within six months after the end of the period in which funds were used for these
purposes.
 HHS is directed to disregard the supplemental funding al otments when
calculating any financial penalties for states that do not meet certain data
collection procedures. As required under Chafee law, HHS must penalize any
state not meeting the data collection requirements an amount from 1% to 5% of
its annual Chafee fund al otment (in practice, this applies to funds for the Chafee
program only).69
 With regard to the supplemental Chafee and ETV funds made available to
support activities related to the COVID-19 pandemic, the HHS Secretary is
prohibited from requiring any state to provide “proof of a direct connection to the
pandemic” if doing so would be administratively burdensome or otherwise delay
or impede the ability of the state to serve foster youth (effective April 1, 2020-
September 30, 2021).
 The Chafee law matching requirement for the supplemental FY2021 funds is
waived (the match is not waived for regularly appropriated FY2020 or FY2021
funds). Under Chafee law, a state must provide a 20% match (in-kind or cash) to
receive its full federal Chafee and ETV al otments.70
As noted, states may use supplemental FY2021 Chafee and ETV funds for supports and services
that are permissible under Chafee law as wel as under the flexibilities provided in Division X.
This includes serving a broader population of youth temporarily made eligible for the Chafee

68 Section 477(g)(2) of the SSA.
69 Section 477(e)(2) of the SSA. Pursuant to Section 477(f) of the SSA, HHS established a data collection and
performance management system known as the National Youth in T ransition Database (NYT D) to tr ack the outcomes
and services for teens and young adults in foster care and who have left foster care, up to age 21 .
70 Section 474(a)(4) and Section 474(e) of the SSA.
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program, providing housing assistance and transportation assistance, and meeting the Title IV-E
foster care requirements for youth who are ineligible for Title IV-E foster care maintenance
payments.
Table A-2 shows the Chafee and ETV program supplemental state al otments for FY2021 as
reported in the HHS-ACF March 2021 guidance. It appears that these funds are to be distributed
based on the relative share of foster children in each state. While state al ocations for regular
FY2021 appropriations are not yet available and final al ocation amounts could differ, it appears
that HHS wil apply current law requirements when distributing these funds.71
HHS-ACF Guidance on Funding Provisions in Division X (March 2021)
HHS-ACF noted in its March 2021 guidance that in addition to the supplemental FY2021 Chafee
and ETV funds, states may use regular FY2020 and FY2021 funds that remain available through
September 30, 2021, for costs related to the flexibilities in Division X.72 Regular and
supplemental FY2021 Chafee funding remains available for states to spend through the end of
FY2022. However, beginning with October 1, 2021 (with limited exceptions tied to flexibilities
that extend for a longer period) states must use al of that funding consistent with the regular
program rules. Perhaps with this limitation in mind, the guidance encourages child welfare
agencies to use a portion of the additional funds to “facilitate quick and streamlined access to
direct financial support for youth who were or are in foster care” in creating opportunities for
their economic, social, and educational success.73
Further, the guidance encourages child welfare agencies to ask youth and young adults about their
needs, and work with youth in providing supports and services to meet those needs. Among the
examples of supports and services that can be funded by the Chafee program are:
 targeted payments to al ow youth to remain at home during the pandemic;
 living expenses (e.g., rent and groceries, back payments and fees);
 cel phones, cel phone plans, internet service, or other technological tools;
 respite care services and additional supports for pregnant or parenting youth;
 salaries of child welfare agency staff who administer emergency assistance to
youth;
 hiring youth with lived experiences in child welfare to help fel ow youth in care;
 medical expenses and personal protective equipment; and
 services and support to combat social isolation (e.g., gift boxes, cooking kits,
puzzles).74

71 Under Chafee law, Chafee and ET V funds are distributed to each state based on its proportion of the nation’s
children in foster care; however, a hold harmless requirement precludes any state from receiving less than the amount
of Chafee program funds it received under the predecessor independent living program in FY1998 or $500,000,
whichever is greater. T here is no hold harmless provision for ET V funds. See Section 477(c)(2) of the SSA.
Presumably, regular allocations are likely to be similar to FY2020 funding levels, which range from $500,000
(Delaware) to $15.4 million (California) for the Chafee program and $72,000 (District of Columbia) to $5.0 million
(California) for the ET V program. T hese funding levels are available at HHS, ACF, FY 2021 Justification of Estim ates
for Appropriations Com m ittees, pp. 215-216 (Chafee program) and pp. 326-327 (ETV program).
72 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 10.
73 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, pp. 9-11.
74 HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, pp. 10-11.
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In providing these services and supports, HHS-ACF advised that child welfare agencies should
consider what data and information they may need to determine whether such efforts are effective
to ensure equity and transparency. According to the guidance, the additional funds must be
tracked and accounted for separately from funds not used for Chafee flexibilities: child welfare
agencies must report in their annual progress and services report (APSR) about the type of
assistance provided to youth and the strategies they are using to engage youth.75

75 T his is an annual update to each child welfare agency’s five year Child and Family Services Plan (CFSR) submitted
to HHS. T he next annual update is due to HHS by June 30, 2021. HHS, ACF, ACYF, CB, June 30, 2021, subm ission
of: (1) the second Annual Progress and Services Report (APSR) to the 2020 -2024 Child and Fam ily Services Plan
(CFSP), PI-20-13, December 17, 2020.
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Appendix. Flexibilities and Additional Funding for
the Chafee Program and Education and Training
Voucher (ETV) Program
Table A-1. Temporary Flexibilities for the Chafee and ETV Programs Under the
Supporting Foster Youth and Families through the Pandemic Act
(Division X of P.L. 116-260)
Provision
Description (and Division X section reference)
Effective Dates
Funding
Supplemental Funding
Appropriates an additional $400 mil ion for the Chafee
States have the ability to expend
and ETV programs, of which at least $50 mil ion is for the
(obligate) FY2021 dol ars in the year
ETV program. (This is in addition to $143 mil ion for the
for which they are appropriated and
Chafee program and $43.3 mil ion for the ETV program
the immediate succeeding year.
provided through regular FY2021 appropriations in
Therefore, al of the supplemental
Division H of P.L. 116-260.) (Section 3(a)(1) and (2))
dol ars must be obligated by the last
day of FY2022 (September 30, 2022).
However, some of the supplemental
funds may only be expended for
certain activities through FY2021
(September 30, 2021). This includes
Chafee costs associated with
extending the age of eligibility,
housing, ETVs, transportation, and
Title IV-E foster care requirements
for youth ineligible for Title IV-E
maintenance payments.
No Nonfederal
States are not required to provide any nonfederal
States are exempted from providing
Matching Funds
matching dol ars to receive an al otment of the
nonfederal matching dol ars for the
Required
supplemental FY2021 funds provided for the Chafee and
FY2021 supplemental funds, whether
ETV programs. (Section 3(a)(4))
they expend them in FY2021 or
FY2022. (The match is not waived for
regularly appropriated FY2021 funds.)
Reservation of
The U.S. Department of Health and Human Services
This applies to supplemental funds for
Funding for Evaluation
(HHS) must reserve 1.5% of the supplemental FY2021
FY2021.
and Other Activities
Chafee and ETV funds for evaluation, technical assistance,

performance measurement, and data col ection activities
under the Chafee program. (Section 3(a)(3)(A))
Funding for Evaluation
Of the FY2021 supplemental Chafee and ETV funds
This applies to supplemental funds for
and Other Activities
reserved for evaluation and related activities, $500,000
FY2021.
Related to Driving and must be reserved to provide technical assistance to a

Transportation
state implementing, or seeking to implement, a driving and
Activities
transportation program for youth eligible under the
Chafee program. (Section 3(a)(3)((B))
Report to Congress
HHS must provide a report to Congress on the extent to
Within six months after the end of
which (and the manner in which) the supplemental Chafee
the period in which the funds were
funds reserved for evaluation and related activities were
used for this technical assistance.
used to provide technical assistance to state child welfare
programs on driving and transportation assistance,
monitor state performance and foster youth outcomes,
and evaluate program effectiveness.
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Provision
Description (and Division X section reference)
Effective Dates
National Youth in
HHS may not include the supplemental FY2021 Chafee
This applies to supplemental funds for
Transition Database
and ETV funds made available to states when calculating
FY2021.
(NYTD) Penalty
any financial penalties for states related to data col ection

for the National Youth in Transition Database (NYTD).
(Section 3(a)(6))
No Proof Required of
With regard to the supplemental FY2021 Chafee and ETV
During the COVID-19 public health
a Direct Connection
funds made available and used to support activities during
emergency period, defined in the law
to the Pandemic
the COVID-19 public health emergency period, HHS is
as April 1, 2020, through September
prohibited from requiring any state to provide “proof of a
30, 2021.
direct connection to the pandemic” if doing so would be
administratively burdensome or otherwise delay or
impede the ability of the state to serve foster youth.
(Section 3(c))
Use of Supplemental
Subject to certain restrictions, states may use any of the
The additional Chafee and ETV funds
Chafee Funds For
supplemental Chafee (including ETV) funding to cover the
are available to cover the temporary
Certain Costs
cost of some of the temporary requirements added by
requirements if the costs are
Incurred in
Division X, including (1) maintaining youth in foster care
incurred “after the date of
Responding to the
who would have otherwise aged out and are ineligible for
enactment” of the lawa through
Pandemic
Title IV-E maintenance payments; (2) facilitating reentry of
September 30, 2021.
youth to foster care, including by providing notice to

those who aged out during the COVID-19 public health
emergency (which began on January 27, 2020); (3)
conducting a public awareness campaign about reentry for
eligible youth; and (4) meeting the needs of older youth in
foster care who are ineligible for Title IV-E maintenance
payments, including reviewing and revising transition plans
and helping youth identify adults who can offer meaningful
permanent connections. (Section 4(d))
Eligibility
Age of Eligibility for
Increases the maximum age for services and assistance
FY2020-FY2021 (October 1, 2019-
Chafee and ETV
under the Chafee program (general y available from ages
September 30, 2021)
Programs
14 to 21) and the ETV program (age 26) to a youth’s 27th
birthday. (Section 3(b))
Housing Costs and
Permits a state to use more than 30% of its Chafee funds
During the COVID-19 public health
Flexibilities
for a fiscal year for room and board payments. Provides
emergency period, defined in the law
that this housing assistance may be available to any youth
as April 1, 2020, through September
who is at least age 18 but not yet 27, experienced foster
30, 2021.
care at age 14 or later, and is otherwise eligible for
services under the Chafee and ETV programs. This waives
the Chafee statutory requirement that only up to 30% of
funds may be used for housing youth age 18 or older who
aged out of foster care. (Section 3(d)(3))
ETV Program
Eligibility
Directs HHS to alow states to waive the Chafee statutory
During the COVID-19 public health
requirement that a youth must be enroled in, or making
emergency period, defined in the law
satisfactory progress toward completion of, a postsecondary
as April 1, 2020, through September
education or training program, if the youth is unable to do so
30, 2021.
because of the COVID-19 public health emergency. (Section
3(d)(1))
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Provision
Description (and Division X section reference)
Effective Dates
Use of Funds
Al ows vouchers to be used to “maintain training and
During the COVID-19 public health
postsecondary education,” including matriculation costs
emergency period, defined in the law
for students attending less than ful -time or other
as April 1, 2020, through September
expenses that are not part of the cost of attendance but
30, 2021.
help support youth in remaining enrol ed. (Section 3(d)(2))
Funds Available
Changes the annual maximum value of an ETV to $12,000
From the date of the law’s enactment
(from $5,000) or a youth’s cost of attendance, whichever
(December 27, 2020) through
is lower. (Section (a)(5))
FY2022 (September 30, 2022).
Driving and Transportation
Use of Funds
Chafee and ETV funds may be used to provide driving and
During the COVID-19 public health
transportation assistance to a youth in, or formerly in,
emergency period, defined in the law as
foster care who is otherwise eligible for Chafee services
April 1, 2020, through September 30,
or ETVs. Youth are eligible if they are ages 15 through 26
2021.
years old. This driving and transportation assistance may
be used to cover costs related to obtaining a driver’s
license and driving lawful y. (Section 3(d)(4)(A))
Maximum Award
An eligible youth may receive up to $4,000 annual y for
During the COVID-19 public health
driving and transportation assistance, and this assistance
emergency period, defined in the law
must be disregarded in determining eligibility for other
as April 1, 2020, through September
federal or federal y supported assistance, except states
30, 2021.
must take appropriate steps to avoid duplication. (Section
3(d)(4)(A))
Source: Congressional Research Service (CRS) review of the Supporting Foster Youth and Families through the
Pandemic Act, Division X of the Consolidated Appropriations Act, 2021 (P.L. 116-260); and U.S. Department of
Health and Human Services (HHS), Administration for Children and Families (ACF), Administration on Children,
Youth, and Families (ACYF), Children’s Bureau (CB), Guidance and Instruction Related to the Supporting Foster Youth
and Families through the Pandemic Act, Division X of the Consolidated Appropriations Act, 2021, enacted December 27,
2020, PI-21-04, March 9, 2021.
a. In guidance, HHS has indicated that these Chafee funds are available for costs incurred “between December
27, 2020 and September 30, 2021.” See HHS, ACF, ACYF, CB, PI-21-04, March 9, 2021, p. 9.

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Table A-2. Supplemental FY2021 Chafee and ETV Program Allotments for States,
Territories, and Tribes Provided Under the Supporting Foster Youth
and Families through the Pandemic Act (Division X of P.L. 116-260)
State/Territory
Chafee Program Funding
ETV Program Funding
Total Funding
Alabama
$4,659,625
$ 677,271
$5,336,896
Alaska
2,319,740
337,172
2,656,912
Arizona
10,452,735
1,540,836
11,993,571
Arkansas
3,325,310
483,330
3,808,640
California
41,280,026
6,000,004
47,280,030
Colorado
4,302,679
625,389
4,928,068
Connecticut
3,491,294
507,455
3,998,749
Delaware
464,109
67,458
531,567
District of Columbia
541,461
78,701
620,162
Florida
19,791,518
2,876,674
22,668,192
Georgia
10,367,523
1,506,907
11,874,430
Hawai
1,374,601
199,797
1,574,398
Idaho
1,411,666
205,184
1,616,850
Il inois
14,758,834
2,145,179
16,904,013
Indiana
13,139,286
1,909,780
15,049,066
Iowa
4,798,212
697,415
5,495,627
Kansas
6,475,743
941,241
7,416,984
Kentucky
7,370,957
1,071,360
8,442,317
Louisiana
3,157,715
458,970
3,616,685
Maine
1,688,842
245,471
1,934,313
Maryland
3,094,061
449,718
3,543,779
Massachusetts
7,946,259
1,154,979
9,101,238
Michigan
9,403,852
1,366,839
10,770,691
Minnesota
6,768,259
983,759
7,752,018
Mississippi
3,352,706
487,312
3,840,018
Missouri
10,220,877
1,485,593
11,706,470
Montana
2,978,840
432,971
3,411,811
Nebraska
2,796,128
406,414
3,202,542
Nevada
3,658,889
531,815
4,190,704
New Hampshire
987,038
143,465
1,130,503
New Jersey
3,569,451
518,816
4,088,267
New Mexico
1,874,163
272,407
2,146,570
New York
12,961,217
1,883,898
14,845,115
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Youth Provisions in the Supporting Foster Youth and Families Through the Pandemic Act

State/Territory
Chafee Program Funding
ETV Program Funding
Total Funding
North Carolina
9,042,878
1,314,372
10,357,250
North Dakota
1,210,229
175,905
1,386,134
Ohio
13,203,746
1,919,149
15,122,895
Oklahoma
6,692,519
972,750
7,665,269
Oregon
5,542,398
805,581
6,347,979
Pennsylvania
12,509,999
1,818,314
14,328,313
Puerto Rico
2,257,698
328,154
2,585,852
Rhode Island
1,772,639
257,651
2,030,290
South Carolina
3,642,774
529,473
4,172,247
South Dakota
1,374,601
199,797
1,574,398
Tennessee
7,485,372
1,087,990
8,573,362
Texas
25,322,153
3,680,546
29,002,699
Utah
2,004,694
291,380
2,296,074
Vermont
1,003,153
145,807
1,148,960
Virgin Islands
116,027
16,864
132,891
Virginia
3,968,295
576,787
4,545,082
Washington
8,752,957
1,272,232
10,025,189
West Virginia
5,856,961
851,303
6,708,264
Wisconsin
6,157,504
894,986
7,052,490
Wyoming
800,911
116,411
917,322
State and Territory Subtotal
343,501,124
49,949,032
393,450,156
Tribal Subtotal
498,876
50,968
549,844
Total
$344,000,000
$ 50,000,000
$394,000,000
Source: Congressional Research Service (CRS) review of U.S. Department of Health and Human Services
(HHS), Administration for Children and Families (ACF), Administration on Children, Youth, and Families (ACYF),
Children’s Bureau (CB), Guidance and Instruction Related to the Supporting Foster Youth and Families through the
Pandemic Act, Division X of the Consolidated Appropriations Act, 2021, enacted December 27, 2020, PI-21-04, March
9, 2021, Attachments A and B.
Notes: A total of $400 mil ion was provided in FY2021 supplemental Chafee and ETV funding. In addition to the
$394 mil ion provided to states, $6 mil ion is available for evaluation, technical assistance, performance
measurement, and data col ection activities.
a. Tribes may apply to HHS-ACF to receive Chafee program and/or ETV program funds if they have an
approved Title IV-E plan or a Title IV-E agreement with a state under which they provide foster care. A
tribe’s al otment of funding is taken out of funds initial y al otted to the state based on the tribe’s number of
children in foster care out of al children in foster care in the state. Tribes that received supplemental
FY2021 funding were those that received regular FY2021 Chafee program funds (seven tribes) or ETV
program funds (six of those same tribes).

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Author Information

Adrienne L. Fernandes-Alcantara

Specialist in Social Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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